National Health Service Reform and Health Care Professions Act 2002

National Health Service Reform and Health Care Professions Act 2002

2002 CHAPTER 17

Commentary on Sections

Part 1 – National Health Service, etc.

NHS bodies and their functions: England

Section 2: Primary Care Trusts

33. Section 2 replaces the existing power of the Secretary of State to establish PCTs in section 16A of the 1977 Act with a duty on him to establish PCTs to cover all areas of England.  At present, many areas of England are covered by PCTs.  However, in order for the new role of PCTs envisaged under the Act to be effective, it is essential that there is comprehensive coverage across the whole of England.  The section also removes the existing option of creating PCTs for Wales, where alternative arrangements for LHBs are being developed – see section 6.

34. Following consultation, it became clear that in a small number of cases PCT areas would cross the boundaries of the new Strategic Health Authorities.  Although previous legislation did not specifically prohibit this, there was an underlying assumption that all PCTs would in fact fall within the area of a single HA (or in future, Strategic Health Authorities).  Subsection (4) provides for PCTs which cross the boundaries of Strategic Health Authorities and amends Schedule 5A of the 1977 Act

i)

to allow any Strategic Health Authority in whose area the PCT is established to meet preparatory costs

ii)

to allow any Strategic Health Authority to make available premises and other facilities during the preparatory period

iii)

to provide for the PCTs annual financial and other reports to be sent to all Strategic Health Authorities in whose area the PCT is established.

35. Subsection (5) introduces Schedule 2, which contains amendments to NHS and other legislation to re-allocate certain functions of HAs to PCTs. Under present arrangements, PCTs provide or secure the provision of a limited range of services, including primary, community care and social care services.  HAs are responsible for medical lists and other family health services such as dentists, pharmacists and opticians.  The main effect of Schedule 2 will be to confer directly on PCTs responsibility for all family health services such as dentists, pharmacists and opticians, currently conferred on HAs. The Schedule also contains other miscellaneous amendments relating to the reallocation of functions.